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UK-Justice, Barrister

Category: Law

Satisfied Customers: 16193

Experience: Called to the Bar in 2007

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Hello. I own an SME (Aug 2011) and was approached by a business

Customer Question

Hello. I own an SME (Aug 2011) and was approached by a business magazine regarding advertising. I have knowledge of the magazine advertising market and so after doing a back ground check on the business and based on the readership and offer, I agreed by email to commit to a three month campaign – costing £750 + VAT. The principal agreement was that I would be invoiced with terms of 30 days after the publication (i.e. Dec end for Dec issue, Jan end for Jan issue and Feb end for Feb issue) and could pay by credit card – all of which I have in writing.

At the end of January I still hadn’t received an invoice but instead, received a call from their collection agent (not agency) to pay the November invoice. I explained I don’t owe anything for November and haven’t seen any invoice (to which they said they would check with the company) and then said once it had been corrected, I can give them my credit card details. They told me they don’t accept credit cards which left me in a dilemma as I took out the card to cover the campaign.

I got in touch with my contact at the magazine who backed up everything in the initial conversation and that they would contact the agent to explain. The November invoice is also an obvious error and will get rectified and he’ll get back to me by the end of the day (Monday). A week later, after I chased it became apparent that they don’t know what they are doing – he should have contacted you / she should have contacted you etc – and I get another call from the agency now chasing for the November and December invoices – neither of which I still hadn’t received.

After three weeks of going back and forth (led by me) and an email of complaint about the way I have been treated, I was offered to pay by credit card via PayPal and could I pay the whole £900 which I refused as it was not all due. We agreed on the original payment plan and I paid the first £300 that day. I was also offered a ½ page advertisement in the March issue as compensation and the art department would be in touch.

Two weeks ago, I received yet another email from the agent asking for payment for the invoices (yes, November and December’s) on the same day the March e-issue appeared on their website so prompted another email of complaint. I wrapped up by asking for a monetary amount to be deducted off the final payment in lieu of the compensation advertisement that was offered and accepted not transpiring.

As of this evening, I have not had a response to that email and with the final payment due w/c March 25, I need advice on what I can / should do. Communications with the sales rep is clearly not the way to go so what do you advise? I eagerly await your response with interest.

PS I have kept all the emails and noted the dates, times, persons etc., who I have had telephone calls with.

But if your contract says you pay £x over x months, then that is what you should do.

If you are contacted by a third party, you refer them to the agreement and say any matter should be resolved with the company.

But write to the Company and ask that it be treated as a formal complaint.

That should resolve it.

But do not be bullied.

I hope this helps and if there is anything else I can do to help you today please let me know.

Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

I hope this helps and if there is anything else I can do to help you today please let me know.

Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

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